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December 3, 2007 MINUTES OF THE REGULAR MEETING OF THE LITTLE SILVER BOROUGH COUNCIL December 3, 2007 The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at 7:30 P.M. "Adequate notice of this meeting has been provided by the mailing of a notice to the Asbury Park Press and The Two River Times, by filing same with the Clerk of the Borough of Little Silver and by prominently posting said notice on the bulletin board of the Borough Hall, all since November 26, 2007." The salute to the flag was led by Mr. O’Scanlon and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle, Attorney Bennett and Mr. Biehl, Administrator/Clerk Absent: None Consideration of Minutes for Regular Meetings and/or Special Meetings: None Communications: None Student remarks and brief remarks on the Agenda from other members of the Public: None Resolution – Amended Transfer of Funds Mr. VanWinkle read the following: RESOLUTION WHEREAS the Resolution presented and approved on November 19, 2007 for transfer of funds of the 2007 Appropriations was inaccurate; and WHEREAS said Resolution is required to be amended, NOW THEREFORE BE IT RESOLVED that the November 19, 2007 transfer Resolution be amended as follows: TO FROM Police S&W 88,910 Garbage Contract OE 47,500 Electricity OE 5,400 Street Lighting OE 6,000 Telephone OE 4,000 Water OE 5,000 Gas OE 6,000 Gasoline OE 4,000 Landfill OE 21,000 General Administration OE 6,600 Adult Services OE 2,000 Election OE 1,400 Engineering OE 6,500 Planning Board OE 3,500 Liability Insurance OE 48,000 Group Insurance OE 15,000 Police OE 25,910 Police Dispatch 911 OE 25,000 Emergency Management OE 3,000 Fire OE 15,000 First Aid OE 1,000 Streets and Roads OE 1,000 Buildings and Grounds OE 5,400 Vehicle Repair OE 4,000 Community Service Act OE 5,500 Public Events OE 9,000 Electricity OE 10,000 187,810 187,810 NOW, THEREFORE BE IT RESOLVED that a certified copy of the Resolution be transmitted to the Chief Financial Officer as her authority to debit and credit the above amounts accordingly. Motion: Mr. VanWinkle Second: Mr. O’Scanlon Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Resolution - Payment of Bills and Claims Mr. VanWinkle offered this resolution in favor of the payment of the following vouchers which have been properly authenticated and presented for payment representing expenditures for which an appropriation was duly made in the budget adopted by the governing body, including any emergency expenditures in the said appropriation for this payment of said vouchers and which the Municipal Financial Officer has certified that sufficient funds are available to pay the same from each designated appropriation. Check Disbursements Operating – Current Year $ 106,706.75 Operating – Prior Year 200.00 School Taxes 0.00 Contra 0.00 Capital 16,358.97 Grant 12,500.00 Various Trusts & Reserves 1,066.93 Escrow Projects 3,540.00 Payroll of 11/30/07 $ 205,771.06 Void Checks: $ 0.00 Manual Checks: $ 0.00 Wire Transfers: $ 0.00 Total $ 346,143.71 I hereby certify that there are sufficient funds available to pay the above listed vouchers as submitted. Lynn Marie Gale, C.M.F.O., Chief Financial Officer. Motion: Mr. VanWinkle Second: Mr. Bitman Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None REPORTS OF COUNCIL MEMBERS: FIRE, FIRST AID AND NEWSLETTER (Board of Health, Emergency Management and Public Affairs): Mr. Galante, no report. POLICE AND EMERGENCY PREPAREDNESS (Library Trustees): Mr. O’Scanlon reported that a letter (copy attached) had been received from the Point Road School Principal, commending the Police Department support for activities. BUILDINGS, GROUNDS, EQUIPMENT, STREET LIGHTS (Safety Committee, Drug Alliance, Environmental Commission & Open Space): Mr. Gilmour, no report. PERSONNEL (Business & Professional Association, Local Assistance, Recreation, Waterfront Committee, Downtown Development Committee, Little Silver Cross Acceptance Liaison): Mr. Bitman, no report. He requested an Executive Session at tonight’s meeting. PUBLIC WORKS (Planning Board, ADA, Parker Homestead Liaison, Recycling): Mr. DeNoia reported that the next regularly scheduled meeting of the Planning Board is tomorrow evening, with copies of the Agenda available. FINANCE AND BUDGET AND INSURANCE (Property Maintenance, Shade Tree Commission, Finance Advisory): Mr. VanWinkle, no report. Council and Public Discussion: None Mayor's Report: Mayor Castleman reported that the Holiday Tree Lighting yesterday was well attended and very nice. Other Reports: None Old Business: None New Business: ORDINANCE INTRODUCTION Mr. Bennett introduced an amended Ordinance by title: AN ORDINANCE FOR SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF LITTLE SILVER, FOR THE YEAR 2008 Mr. Biehl noted that upon introduction same would be advertised according to law, posted on the Borough bulletin board, and held over for a public hearing on December 17, 2007. Motion: Mr. O’Scanlon Second: Mr. DeNoia Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Consent Agenda: Mayor Castleman announced that the following Resolutions would be approved by Consent Agenda. Motion: Mr. DeNoia Second: Mr. O’Scanlon Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Galante, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None R E S O L U T I O N WHEREAS, the Borough of Little Silver requires all members of its Public Works/Recycling Department to obtain and maintain a Commercial Driver's License (CDL) in good standing in accordance with laws of the United States of America and the State of New Jersey; and WHEREAS, those statutes require the Borough to conduct random drug and alcohol screening and screening upon the occurrence of certain events; and WHEREAS, the Borough is desirous of contracting with Commerce National Risk Control, Risk Managers of the Joint Insurance Fund, for said drug and alcohol screening for the calendar year 2008; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the Mayor and Borough Clerk be and are hereby authorized to enter into agreement with Commerce National Risk Control Services on behalf of the Borough of Little Silver for drug and alcohol testing services in accordance with the attached agreement, the cost of which is not to exceed $780.24. R E S O L U T I O N WHEREAS, the Little Silver Volunteer Fire Department is in need of LDH fire hose with storz locking couplings; and WHEREAS, adequate funding for this purchase is contained in Ordinance #644-07; and WHEREAS, the Fire Chief has solicited the following quotes: AAA Emergency Supply Co. White Plains, New York $4,365.00 PAK-RAT Equipment, Inc. Oceanport, NJ $4,447.31 Continental Fire & Safety, Inc. Trenton, NJ $5,631.00; and WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them in order recommends the low quote submitted by AAA Emergency Supply Co. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the low quote submitted by AAA Emergency Supply Co. in the amount of $4,365 00 for LDH fire hose with storz locking couplings be and is hereby accepted. R E S O L U T I O N WHEREAS, the Little Silver Volunteer Fire Department is in need of various equipment as per the attached quotes; and WHEREAS, adequate funding for this purchase is contained in Ordinance #644-07; and WHEREAS, the Assistant Fire Chief has solicited the following quotes: Continental Fire & Safety, Inc. Trenton, NJ $ 7,520.61 Murphy Fire & Safety, Inc. Kearny, NJ $ 8,974.50 W.S. Darley & Co. Melrose Park, Il $10,562.25 WHEREAS, the Borough Administrator/Clerk has reviewed the quotes and finding them in order recommends the low quote submitted by Continental Fire & Safety, Inc. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the low quote submitted by Continental Fire & Safety, Inc. in the amount of $7,520.61 for various fire equipment as per the attached quote from Continental Fire & Safety, Inc. be and is hereby accepted. RESOLUTION BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver, in the County of Monmouth, State of New Jersey as follows: Section 1. Pursuant to the following Bond Ordinances of the Borough of Little Silver entitled “A Capital Improvements Bond Ordinance Appropriating the Funds and Authorizing the Issuance of Bonds of the Borough for Financing Such Appropriation” Ordinance Bonding Ord. # Description Date Amount Authorization 473-99 Improvements to Roads & Drains 06/07/99 302,000 26,526.00 487-00 Acquisitions & Improvements 04/17/00 1,672,000 180,420.00 513-01 Improvements to Public Property 04/16/01 1,040,000 395,200.00 530-02 Acquisitions & Improvements 05/28/02 1,561,000 423,225.00 550-03 Acquisitions & Improvements 05/05/03 1,337,800 546,180.00 579-04 Acquisitions & Improvements 06/21/04 1,280,500 680,031.00 593-05 Acquisitions 02/07/05 300,000 227,999.59 600-05 Acquisitions & Improvements 05/16/05 2,453,000 1,744,280.00 618-06 Acquisitions & Improvements 06/14/06 1,295,200 1,032,156.00 643-07 Acquisitions & Improvements 07/02/07 1,112,000 906,400.00 Total 6,162,417.59 A Bond Anticipation Note of the local unit in a principal amount not exceeding $6,162,417.59 shall be issued for the purpose of temporarily financing the improvements or purposes described heretofore, including the renewal of any Bond Anticipation Note heretofore issued thereof. Section 2. The following matters in connection with said Bond Anticipation Note are hereby determined: A) The Note issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the borough of Little Silver. B) Said Note issued hereunder shall be an interest-free internal note of the Borough of Little Silver. C) Said Note shall be in the form prescribed by resolution heretofore adopted by the governing body of the Borough of Little Silver determining the form of the Bond Anticipation Note issued pursuant to the Local Bond Law, and such Note may be signed or sealed by officers of he Borough of Little Silver in any manner permitted by Section 40A:2-25 of said Law notwithstanding that said form or resolution may otherwise provide. Section 3. The Chief Financial Officer of the Borough of Little Silver is hereby authorized and directed to determine all matters in connection with said Note not determined by this or a subsequent resolution and her signature upon said note shall be conclusive as to such determinations. Section 4: Any instrument issued pursuant to this resolution shall be a general obligation of the Borough of Little Silver, and the Borough of Little Silver’s faith and credit are hereby pledged to the punctual payment of the principal on said obligations and, unless otherwise paid or payment provided for, and an amount sufficient for such payment be inserted in the budget and a tax sufficient to provided for the payment thereof shall be levied and collected. Section 5. This resolution shall take effect immediately. UNITED STATES OF AMERICA STATE OF NEW JERSEY COUNTY OF MONMOUTH BOROUGH OF LITTLE SILVER BOND ANTICIPATION NOTE No. 2007 $6,162,417.59 THE BOROUGH OF LITTLE SILVER, in the County of Monmouth, a municipal corporation of the State of New Jersey, for value received promises to pay itself the sum of Six Million One Hundred Sixty Two Thousand Four Hundred Seventeen Dollars and fifty nine cents ($6,162,417.59) for the sum of the following: #1999 26,526.00 #2000 180,420.00 #2001 395,200.00 #2002 423,225.00 #2003 546,180.00 #2004 680,031.00 #2005 1,972,279.59 #2006 1,032,156.00 #2007 906,400.00 6,162,417.59 Interest-free, to mature on or before December 31, 2008. This Note is issued pursuant to the Local Bond Law of the State of New Jersey and by virtue of bond ordinances of said Borough of Little Silver and in all respects approved and published as required by law, and a resolution of its governing body adopted in, and in all respects duly approved, and the Note is issued in anticipation of the issuance of bonds. The full faith credit of the borough of Little Silver is hereby pledged to the punctual payment of the principal and interest of the Note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution of or laws of the State of New Jersey to exist, to have happened, or to have been performed precedent to or in the issuance of the Note, together with all other indebtedness of the Borough of Little Silver, is within every debt and other limit prescribed by said Constitution of or laws of the State of New Jersey. IN WITNESS WHEREOF, THE BOROUGH OF LITTLE SILVER has caused this Note to be signed in its name by its Mayor and by its Chief Financial Officer, and its corporate seal to be hereunto affixed to this Note and said seal to be attested by its Clerk, and this Note to be dated December 3, 2007. BOROUGH OF LITTLE SILVER ____________________________ Suzanne S. Castleman, Mayor ATTEST __________________________________ ____________________________ Michael D. Biehl, Clerk Lynn Marie Gale, Chief Financial Officer R E S O L U T I O N WHEREAS, Salavatore Martelli, d/b/a Martelli Development, Inc., did previously post a cash Maintenance Bond in the amount of $5,146.46 for improvements to Block 62, Lot 12 in the Borough of Little Silver; and WHEREAS, by letter dated November 5, 2007 the Borough Engineer recommended release of the Maintenance Bond on the condition that of all fees due to the Borough of Little Silver are paid; and WHEREAS, all fees have been paid; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the aforementioned cash Maintenance Bond including interest through November 26, 2007 in the total amount of $5,260.04 for improvements to Block 62, Lot 12 in the Borough of Little Silver be and is hereby released; and BE IT FURTHER RESOLVED any accrued interest subsequent to November 26, 2007 shall accrue to the Borough of Little Silver. RESOLUTION BE IT RESOLVED, by the Mayor and Council of the Borough of Little Silver, that a check be drawn to the owners of record on the date of overpayment representing the refund of the overpayment of 2007 property taxes as follows: BLOCK LOT NAME & LOCATION AMOUNT 13 100 William & Lori Lopez $2,566.49 R E S O L U T I O N WHEREAS, the Little Silver Department of Public Works is in need of major repairs to the drive train on the Department of Public Works truck #37, a 1997 20 cubic yard International Packer truck; and WHEREAS, said repairs will extend the life of the truck for at least five more years; and WHEREAS, adequate funding for said repairs is contained in Ordinance #579-04; and WHEREAS, the cost of said repairs, to be performed by Atlantic Detroit Allison Diesel, Piscataway, NJ, the manufacturer’s sole representative in this area, will not exceed $7,500.00; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the Borough Administrator/Clerk be and is hereby authorized to have the aforementioned repair performed on the Department of Public Works truck #37 at a cost not to exceed $7,500.00 RESOLUTION AUTHORIZING THE LEGAL SERVICES OF JEFFERY GALE, ESQ., TO SERVE AS SPECIAL COUNSEL TO THE BOROUGH OF LITTLE SILVER PLANNING BOARD IN A LITIGATION MATTER REGARDING THE DENIAL OF A DEVELOPMENT APPLICATION. WHEREAS, there is a need for the Borough of Little Silver to retain the services of special counsel in order to represent the interests of the Borough of Little Silver Planning Board (the “Board”) in a litigation matter regarding the Board’s denial of a development application concerning Block 13, Lot 117 in the Borough of Little Silver; and WHEREAS, Jeffrey Gale, Esq., is willing to represent the Board in the aforesaid matter; and WHEREAS, the services to be provided are considered to be “Professional Services” pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Local Public Contracts Law authorizes the awarding of a contract for “Professional Services” without public advertising for bids and bidding therefor, provided that the resolution authorizing the contract and the contract itself be available for public inspection in the office of the Borough Clerk and that notice of the awarding of the contract be published in a newspaper of general circulation in the municipality; and WHEREAS, the Borough Council, having considered the same, now wishes to authorize the award of this professional service contract to Jeffrey Gale, Esq., for the provision of the necessary legal services. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Little Silver, in the County of Monmouth and State of New Jersey, as follows: 1. That the Mayor is authorized to execute and the Borough Clerk to attest an agreement between the Borough of Little Silver and Jeffrey Gale, Esq., regarding the aforesaid legal services. 2. That this contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5 of the Local Public Contracts Law of New Jersey, because the services will be performed by persons authorized by law to practice a recognized profession and it is not possible to obtain bids for such needed qualitative services. 3. That hourly billing will be charged at the rate of $150.00 per hour and there shall be a cap on the expenditure of funds related to this contract in the amount of $2,500.00, without further authorization from the Borough Council. 4. That the Chief Financial Officer is directed to file a Certificate of Availability of sufficient funds for this contract and to attach same to this Resolution. 5. That notice of the adoption of this Resolution shall be published in a newspaper of general circulation within the Borough. 6. That a certified copy of this Resolution shall be provided to each of the following: a. Jeffrey Gale, Esq. b. Borough Chief Financial Officer c. Planning Board Secretary d. Planning Board Attorney e. Borough Attorney Public Portion Remarks of the citizens for the good of the Borough: Lisa Walsh, 35 Silverton Avenue, questioned the status of stop signs and other traffic issues that were discussed previously. Mr. Gilmour replied that feedback and approval was still pending with the Police Department, and that he would follow up on it. Mayor Castleman added that she is awaiting a return call from the DOT regarding the speeding problems on the street and said she would call the DOT again. Mr. Biehl said he would talk to the DPW about putting up speed limit signs. Mr. DeNoia suggested that reminders of residential speed limits be included in the Newsletter. Mayor Castleman called for a Motion to adjourn to Executive Session: RESOLUTION EXECUTIVE SESSION: BE IT RESOLVED by the Mayor and Council of the Borough of Little Silver that the following portion of this meeting dealing with personnel matters shall not be open to the public; and BE IT FURTHER RESOLVED that it is anticipated that the matters to be discussed and considered in private may be disclosed to the public when the reason in closed session discussion and action no longer exists; and BE IT STILL FURTHER RESOLVED that private consideration is deemed required and is permitted because of the following noted exception set forth in the Act: personnel. Motion: Mr. Gilmour Second: Mr. VanWinkle Roll Call: Voice Vote – Ayes – Unanimous The Regular Meeting adjourned to Executive Session at 9:10 p.m. Mayor Castleman called for a Motion to resume the Regular Meeting: Motion: Mr. Galante Second: Mr. O’Scanlon Roll Call: Voice Vote – Ayes – Unanimous The Regular Meeting was resumed at 9:25 p.m. Motion to Adjourn: Mr. O’Scanlon Second: Mr. VanWinkle Roll Call: Voice Vote - Ayes – Unanimous The meeting was adjourned at 9:26 p.m. Michael D. Biehl Administrator/Clerk | |||||||||||||||
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